Should Judges Hear the Cost of Their Sentences?

Missouri made national news last week with a controversial new program that will make the cost of punishment available to them.  The Missouri Sentencing Advising Commission is similar to most states, and composed of judges, prosecutors, reps from the DOC and probation/parole.  And it occurred to them that this would be a useful tool.  As one member puts it:

“This is one of a thousand things we look at — about the tip of a dog’s tail, it’s such a small thing,” said Judge Gary Oxenhandler, presiding judge in the 13th Judicial Circuit Court and a member of the sentencing commission. “But it is almost foolish not to look at it. We live in a what’s-it-going-to-cost? society now.”

In Rhode Island, the price tag of punishment is beginning to enter the conversation, particularly when many are out of work, with calls to re-fund programs for youth, and proposals to invest in more sustainable energy sources.  Several legislative bills last year would have saved millions of dollars in the $190 million Department of Corrections budget, particularly probation reforms advocated by Direct Action for Rights and Equality.

William Ray Price, Jr., Chief Justice of the Missouri Supreme Court, recently stated: “Perhaps the biggest waste of resources in all of state government is the over-incarceration of nonviolent offenders and our mishandling of drug and alcohol offenders.”

Rhode Island activists have been saying the  same.  Perhaps staring at the price tag of $38,000 would have made a judge ponder recently when sentencing a woman to a year in prison for failure to report her change in address to the Office of Probation.  Or $380,000 when sentencing a man, caught with no drugs or money, to ten years for a drug deal based on an eye-witness.  The cost of incarceration is not likely to have any impact on the most heinous crimes, but should be taken into account for the vast majority which do not fall in such a category.

Douglas A. Berman, a law professor at The Ohio State University, said: “One of the flaws in the operation of our criminal justice system is not only the failure to be attentive to cost but an arrogance that somehow you can never put a price on justice. Long missing has been a sober realization that even if we get significant benefits from incarceration, that comes at a significant cost.”

Politicians who feel the need to be "tougher" than the person they replace, may very well be reflecting the desires of some of their constituents... but at a cost.  And this toughness can drive us into the ground.  Remember the "Tough Guy" in high school?  Would you rely upon him to control your money and make the smart investments?  Probably not.

As one anonymous former prisoner recently said, "Why do I need to advocate for scaling back the prison industry?  Keep locking 'em up.  It'll take care of itself."